- 33 - Under a hybrid pecuniary bequest, as under a pure pecuniary bequest, the dollar value of the bequest is set as of the testator's date of death or the alternative valuation date. If the executor distributes cash in satisfaction of the bequest, the beneficiary receives the equivalent of a pure pecuniary bequest. However, if the executor distributes other property, the beneficiary will participate in the appreciation or depreciation of that property. Estate of Goutmanovitch, supra at 774; Covey, The Marital Deduction and the Use of Formula Provisions, supra at 99-100. Hybrid pecuniary bequests are used to ensure that the testator's estate recognizes no income tax gain or loss if appreciated or depreciated property is distributed. This result obtains because the basis of the assets distributed equals the value of the obligation satisfied. See Estate of Goutmanovitch, supra at 773; Covey, The Marital Deduction and the Use of Formula Provisions, supra at 99- 100. Two methods of funding a hybrid pecuniary bequest are significant in these cases: The aggregate approach and the fairly representative approach. Under the aggregate approach, the assets distributed must have an aggregate fair market value at the time of distribution greater thanPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011